OSORIO V. ONE WORLD TECHNOLOGIES, INC.
659 F.3d 81 (1st Cir. 2011)
NATURE OF THE CASE: One (D) appealed from a denial of its motion for judgment as a matter
of law or for a new trial after the jury returned a verdict in favor of Osorio (P) for
negligence and breach of the implied warranty of merchantability for a defective bench top
saw.
FACTS: P suffered a hand injury while he operated a Ryobi table saw. P' employer had
purchased it at a Home Depot store for $179.20. P's left hand slipped and slid into the
saw's blade, causing severe injury. P sued D claiming negligence and breach of the implied
warranty of merchantability. P argued that the saw was unacceptably dangerous due to a
defective design. P's expert witness was Dr. Stephen Gass, inventor of 'SawStop,' a
mechanism that allows a table saw to sense when the blade comes into contact with flesh,
immediately stops the blade from spinning, and causes it to retract into the body of the
saw. To date, none of the major power tool manufacturers has adopted SawStop. P alleged that
Ds' failure to incorporate SawStop into their designs is due to a collective understanding
that if any of them adopts the technology, then the others will face heightened liability
exposure for not doing so as well. The jury returned a verdict in favor of P and awarded
damages of $1.5 million. The jury found P was negligent and thirty-five percent at fault for
the accident. The jury also found D liable for breach of the implied warranty of
merchantability. D then moved for judgment as a matter of law, or for a new trial. The
district court denied the motion. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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